Category Archives: Bava Kamma

Roman Senate. Ancient Images /Flickr

Rabbinic Battery Law in Light of Roman Rule

Dr. Yoni Pomeranz

Abstract: The rabbinic laws of personal injury differ markedly from those in the Torah. They are, however, substantially similar to the laws of personal injury that guided Roman courts in Palestine in the second century CE. Reading perek ha-ḥovel (m. Bava Kamma 8) alongside Roman law codes reveals the influence that Roman law had on rabbinic law. Roman models were responsible for the rabbinic rejection of a strict “eye for an eye” law, the calculation of נזק by valuing the victim as a slave, and the idea that an assailant could be liable for payments for בושת.

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Bava Kamma: Between Strict Liability and Negligence

Dr. Shana Strauch-Schick

Abstract: Tractate Bava Kamma deals primarily with tort law – the area of law that determines liability and fault for damages caused to the person or property of others. The Mishnah and the Talmudim present a seemingly bewildering variety of perspectives in terms of how to make such determinations. Nevertheless, it is still possible to trace a chronological development of how the tannaim and amoraim dealt with these issues. This evolution conforms to theoretical models described by contemporary legalists and may fit its Sasanian context.

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